What legal processes must I go through after getting a patent? How? 5 Answers as of July 14, 2015

I have read that merely getting a patent is not enough for me to sell and market my product. If that is true, what other legal things do I have to do to do these things?

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Sebby Law Office
Sebby Law Office | Jayne Sebby
It will depend upon the invention. For example, a new drug must meet all of the standards set by the pertinent drug regulatory agency.
Answer Applies to: Nebraska
Replied: 7/14/2015
Banner & Witcoff, Ltd. | Ernie Linek
You are correct that obtaining your own patent is only the first step. Other patents may exist that are broad enough to cover your invention - so you would need a license from the owners to make, use and sell your invention. Hire a patent search firm to do a "freedom to operate" search for you. Check for related patents at the Patent Office website - www.uspto.gov. Good Luck.
Answer Applies to: Massachusetts
Replied: 7/14/2015
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
It generally depends upon the type of product. It it uses electricity you may need Underwriters Laboratory (UL) recognition. If it connects to the phone line, transmits or receives a wired or wireless signal you may need Federal Communications (FCC) approval. If it is a drug or cosmetic product you may need approval from the Federal Drug Administration (FDA). A good place to start is to contact your patent law firm or UL they can generally advise you on what other approvals are required. To sell your product you may need a wholesale or retail license. You may also need a business license depending upon where you live and how you conduct business.
Answer Applies to: California
Replied: 7/14/2015
Eminent IP, P.C.
Eminent IP, P.C. | Paul C. Oestreich
You are correct. Ownership of a patent merely gives you the right to exclude others from making, using or selling a product or process covered by a claim in you patent. Others may have one or more patents that covers some other aspect of your product. For this reason, the prudent businessman will commission a clearance or right-to-use opinion to search and review issued patents that may interfere with your product sales. This may come as a surprise to some, but patent rights are not mutually exclusive. They may overlap the same product. As always, you should seek the advice of patent counsel before selling your product in the marketplace if you want to avoid infringing other's patent rights. Such opinions may also prevent the trebling of damages under a finding of willful infringement, if you relied upon the reasonable advice of counsel (clearance opinion) and were subsequently found to infringe a patent covered by that clearance opinion. Think of the opinion letter as an insurance policy against having to pay three times the amount of damages otherwise due.
Answer Applies to: Utah
Replied: 7/14/2015
Microtechnology Law & Analysis | Daniel Flamm
The key point is that a patent only gives you the right to exclude others from making and/or using that which you claim. It does not provide rights to use patented features/methods and/or other forms of intellectual property that are owned by others. You should determine whether your product infringes other patents.
Answer Applies to: California
Replied: 7/14/2015
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